Communications

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all available purchase or acquisition records since September 1, 2014, and the most recently available inventory records, from the Ft. Hood Army Medical Center (MEDCEN) pharmacy to include any satellite pharmacies, listing quantities of atovaquone-proguanil (Malarone), mefloquine, and doxycycline purchased or on hand, to specifically include any purchases or acquisitions made in anticipation of dispensing to personnel of the 1st Medical Brigade, the 36th Engineer Brigade and the 85th Civil Affairs Brigade deploying to Africa as part of Operation United Assistance or any other U.S. military missions in response to the 2014 west African Ebola outbreak.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 6, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

I wanted to follow up on my Freedom of Information request for "[a]ny and all available purchase or acquisition records since September 1, 2014, and the most recently available inventory records, from the Ft. Hood Army Medical Center (MEDCEN) pharmacy to include any satellite pharmacies, listing quantities of atovaquone-proguanil (Malarone), mefloquine, and doxycycline purchased or on hand, to specifically include any purchases or acquisitions made in anticipation of dispensing to personnel of the 1st Medical Brigade, the 36th Engineer Brigade and the 85th Civil Affairs Brigade deploying to Africa as part of Operation United Assistance or any other U.S. military missions in response to the 2014 west African Ebola outbreak", originally submitted on Oct. 6, 2014, and acknowledged by your office on November 20, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

I have received a response from our Department of Pharmacy regarding your request. I am required to have all FOIA responses reviewed by our Command Legal Office before I respond to a FOIA request. Unfortunately, our legal counsel is out and will not return until next week. I should have a response to you by the end of next week.

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 6, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

On October 6, 2014, I submitted a request under the FOIA to Headquarters, Carl R. Darnall Army Medical Center, for “Any and all available purchase or acquisition records since September 1, 2014, and the most recently available inventory records, from the Ft. Hood Army Medical Center (MEDCEN) pharmacy to include any satellite pharmacies, listing quantities of atovaquone-proguanil (Malarone), mefloquine, and doxycycline purchased or on hand, to specifically include any purchases or acquisitions made in anticipation of dispensing to personnel of the 1st Medical Brigade, the 36th Engineer Brigade and the 85th Civil Affairs Brigade deploying to Africa as part of Operation United Assistance or any other U.S. military missions in response to the 2014 west African Ebola outbreak.”

On January 16, 2015, in a letter signed by Ms. Judy K. Tyler, this request was denied “under FOIA Exemptions 1 Operational Security and Exemption 3 Protected information exempt for release by statute.”

This denial did not include any redacted responsive documents, nor did this denial include specific information as to the number of records responsive to my request notwithstanding the claimed exemptions, nor information regarding which portions of the responsive records were claimed exempt from release under these specific exemptions.

The FOIA contains a requirement that agencies provide FOIA requesters with any reasonably segregable, non-exempt information contained in documents that are responsive to FOIA requests. Section 12 of the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524, amended Section 552(b) of the Freedom of Information Act (FOIA), to read as follows:

“Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection. The amount of information deleted, and the exemption under which the deletion is made, shall be indicated on the released portion of the record unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. If technically feasible, the amount of the information deleted, and the exemption under which the deletion is made, shall be indicated at the place in the record where such deletion is made. 5 U.S.C. § 552(b) (amended language in italics).”

The withholding of documents that are responsive to my request is in violation of the statutory requirements of the FOIA, which requires the release of all reasonably segregable portions of responsive documents subject to appropriate redaction.

I hereby request your agency review the responsive documents for the presence of such reasonably segregable portions, paying particular attention to the appropriateness of the exemptions claimed by Ms. Judy K. Tyler in her January 16, 2015 letter.

In considering this appeal, I would also direct your agency to a nearly identical request made October 15, 2014 to the Commander, Winn Army Community Hospital MEDDAC, Fort Stewart, GA (available at: https://www.muckrock.com/foi/united-states-of-america-10/ft-stewart-ach-malaria-drug-prophylaxis-purchases-and-inventory-13808/), where it was found appropriate by this agency to release the requested information in full and without any redactions for the exemptions claimed. It is implausible, given the release of information in response to this request, that the exemptions claimed by Headquarters, Carl R. Darnall Army Medical Center, are appropriate for the documents requested.

I thank you in advance for your anticipated cooperation in this matter.

Please acknowledge receipt of an appeal under the Freedom of Information Act, originally submitted to your office January 30, 2015, in response to a finding of no responsive documents, received in a letter dated January 16, 2015, from Ms. Judy K. Tyler, Carl R. Darnall Army Medical Center.

I would appreciate an acknowledgement of this appeal, and an estimated time necessary for you to adjudicate this matter, no later than April 4, 2015. I thank you in advance for your anticipated cooperation.

Please acknowledge receipt of an appeal under the Freedom of Information Act, originally submitted to your office January 30, 2015, in response to a finding of no responsive documents, received in a letter dated January 16, 2015, from Ms. Judy K. Tyler, Carl R. Darnall Army Medical Center.

I would appreciate an acknowledgement of this appeal, and an estimated time necessary for you to adjudicate this matter, no later than May 6, 2015. I thank you in advance for your anticipated cooperation.